THE EFFECTIVENESS OF THE LEGISLATIVE TEXT IN PROTECTING THE LGBTQIA+ COMMUNITY

Abstract

The following article seeks to make a qualitative analysis of the dispositions found in the Brazilian law sources to check if the presence or absence of a definition of the groups that make up the LGBTQIA+ community and other gender identity and sexual orientation concepts are relevant for the effectiveness of the dispositions used in legal cases, searching with focus in the direct action of unconstitutionality by omission number 26 and in Brazilian ordinary and complementary laws. This article also seeks to analyze the factual and historical-social context in which the laws are applied to, to certify if the effects of the law are affected by state servers and employees.